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BROWN v. SECRETARY, DEPT. OF HEALTH & HUMAN SERV.

No. 20-14210-HH.

20 F.4th 1385 (2021)

Richard Lee BROWN, Jeffrey Rondeau, David Krausz, Sonya Jones, National Apartment Association, Plaintiffs-Appellants, v. SECRETARY, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. Department of Health and Human Services, Chief of Staff, U.S. Centers For Disease Control and Prevention, U.S. Centers for Disease Control and Prevention, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

Filed: December 29, 2021.

Attorney(s) appearing for the Case

Caleb Kruckenberg , Kara McKenna Rollins , New Civil Liberties Alliance, Washington, DC, James W. Hawkins , Atlanta, GA, for Plaintiffs-Appellants.

Alisa Beth Klein , U.S. Attorney General's Office, Washington, DC, Brian James Springer , U.S. Department of Justice, Washington, DC, U.S. Attorney Service — Northern District of Georgia, U.S. Attorney's Office, Atlanta, GA, Leslie Cooper Vigen , U.S. Department of Justice, Civil Division, Washington, DC, for Defendant-Appellee Secretary, Department of Health and Human Services, U.S. Department of Health and Human Services, U.S. Centers for Disease Control and Prevention.

Alisa Beth Klein , U.S. Attorney General's Office, Washington, DC, U.S. Attorney Service — Northern District of Georgia, U.S. Attorney's Office, Atlanta, GA, Leslie Cooper Vigen , U.S. Department of Justice, Civil Division, Washington, DC, for Defendant-Appellee Chief of Staff, U.S. Centers for Disease Control and Prevention.

Before: BRANCH, GRANT, and TJOFLAT, Circuit Judges.

BY THE COURT:

In light of the district court's final order in Alabama Association of Realtors v. U.S. Department of Health and Human Services invalidating the CDC's "Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID-19," 85 Fed. Reg. 55292 (Sept. 4, 2020), this appeal is moot. See No. 20-cv-3377, 539 F.Supp.3d 29 (D.D.C. May 5, 2021). We therefore GRANT the appellees' motion to dismiss this case and, because this Court's...

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